SB357: Bill Text

SB357,157,24 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both. Intent has the meaning expressed under s. 939.23.

SB357, s. 361 Section 361. 609.88 of the statutes is created to read:

SB357,158,2 609.88 Coverage of immunizations. Managed care plans are subject to s. 632.895 (14).

SB357, s. 362 Section 362. 618.41 (6m) of the statutes is amended to read:

SB357,158,7 618.41 (6m) Rustproofing warranties insurance. An insurer issuing a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall comply with s. 632.18 and the policy shall be on a form approved by the commissioner under s. 631.20.

SB357, s. 363 Section 363. 631.01 (1) (b) of the statutes is amended to read:

SB357,158,13 631.01 (1) (b) On business operations in this state if the contract is negotiated outside this state and if the operations in this state are incidental or subordinate to operations outside this state, unless the contract is for a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), in which case the provisions set forth in sub. (4m) apply; and

SB357, s. 364 Section 364. 631.01 (4m) of the statutes is amended to read:

SB357,158,18 631.01 (4m) Rustproofing warranties insurance. An insurer issuing a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall comply with s. 632.18 and the policy shall be on a form approved by the commissioner under s. 631.20.

SB357, s. 365 Section 365. 632.18 of the statutes is amended to read:

SB357,158,22 632.18 Rustproofing warranties insurance. A policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall fully cover the financial integrity of the warranty.

SB357, s. 366 Section 366. 632.895 (14) of the statutes is created to read:

SB357,158,24 632.895 (14) Coverage of immunizations. (a) In this subsection:

SB357,159,3 1. "Appropriate and necessary immunizations" means the administration of vaccine that meets the standards approved by the U.S. public health service for such biological products against at least all of the following:

SB357,159,4 a. Diphtheria.

SB357,159,5 b. Pertussis.

SB357,159,6 c. Tetanus.

SB357,159,7 d. Polio.

SB357,159,8 e. Measles.

SB357,159,9 f. Mumps.

SB357,159,10 g. Rubella.

SB357,159,11 h. Hemophilus influenza B.

SB357,159,12 i. Hepatitis B.

SB357,159,13 j. Varicella.

SB357,159,17 2. "Dependent" means a spouse, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.

SB357,159,22 (b) Except as provided in par. (d), every disability insurance policy, and every self-insured health plan of the state or a county, city, town, village or school district, that provides coverage for a dependent of the insured shall provide coverage of appropriate and necessary immunizations, from birth to the age of 6 years, for a dependent who is a child of the insured.

SB357,160,2 (c) The coverage required under par. (b) may not be subject to any deductibles, copayments or coinsurance under the policy or plan. This paragraph applies to a managed care plan, as defined in s. 609.01 (3c), only with respect to appropriate and necessary immunizations provided by providers participating, as defined in s. 609.01 (3m), in the plan.

SB357,160,3 (d) This subsection does not apply to any of the following:

SB357,160,4 1. A disability insurance policy that covers only certain specified diseases.

SB357,160,5 2. A disability insurance policy that covers only hospital and surgical charges.

SB357,160,8 3. A health care plan offered by a limited service health organization, as defined in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not a managed care plan, as defined in s. 609.01 (3c).

SB357,160,9 4. A long-term care insurance policy.

SB357,160,10 5. A medicare replacement policy.

SB357,160,11 6. A medicare supplement policy.

SB357, s. 367 Section 367. 641.19 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,160,20 641.19 (4) (a) Any person who wilfully violates or fails to comply with any provision of this chapter or the rules promulgated thereunder or who, knowingly, makes a false statement, a false representation of a material fact, or who fails to disclose a material fact in any registration, examination, statement or report required under this chapter or the rules promulgated thereunder, may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 368 Section 368. 641.19 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,161,3 641.19 (4) (b) Any person who embezzles, steals, or unlawfully and wilfully abstracts or converts to his or her own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employe welfare fund, or of any fund connected therewith, shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 369 Section 369. 704.90 (11) (title) of the statutes is amended to read:

SB357,161,6 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

SB357, s. 370 Section 370. 704.90 (11) (a) of the statutes is amended to read:

SB357,161,12 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department of justice may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

SB357, s. 371 Section 371. 704.90 (11) (b) of the statutes is amended to read:

SB357,161,17 704.90 (11) (b) Except as provided in par. (a), the department of justice may, on behalf of the state, bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section or any rule promulgated under sub. (9).

SB357, s. 372 Section 372. 707.49 (4) of the statutes is amended to read:

SB357,162,2 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

SB357, s. 373 Section 373. 707.55 (10) of the statutes is amended to read:

SB357,162,6 707.55 (10) Gifts and prizes. A mail or coupon promotion sent to residents of this state that offers any award, gift or prize for visiting a development or attending any sales presentation shall comply with the requirements of s. 100.171 134.74.

SB357, s. 374 Section 374. 707.57 (2) of the statutes is amended to read:

SB357,162,16 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

SB357,162,19 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

SB357, s. 375 Section 375. 707.57 (3) of the statutes is amended to read:

SB357,162,25 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.

SB357, s. 376 Section 376. 753.061 (2m) of the statutes is amended to read:

SB357,163,8 753.061 (2m) The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.

SB357, s. 377 Section 377. 758.19 (5) (b) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,163,24 758.19 (5) (b) (intro.) Beginning in 2001, the amount to be distributed each year under this subsection from s. 20.625 (1) (d) is equal to the amount distributed under this subsection in the previous year, adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the year before the previous year, as determined by the federal department of labor. Beginning in 2001, the amount to be distributed under this subsection from s. 20.625 (1) (d) shall be rounded to the nearest multiple of $100. From the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $9,369,800 within 30 days after October 29,1999, and on every July 1 and January 1 thereafter, which the equal to 50% of the yearly amount on January 1 and 50% of that amount on July 1. The director of state courts shall distribute payments as follows:

SB357, s. 378 Section 378. 758.19 (5) (b) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,164,7 758.19 (5) (b) 1. For each circuit court branch in the county, $42,275 in 2000. Beginning with the payment made on January 1, 2001, the annual amount paid for each circuit court branch shall equal the amount paid in the previous year under this subdivision plus the increase calculated under par. (b) (intro.), divided by the number of circuit court branches at the time that the payment is made.

SB357, s. 379 Section 379. 758.19 (8) of the statutes is created to read:

SB357,164,20 758.19 (8) By July 1, 2000, the director of state courts shall promulgate rules that establish a procedure by which a sentencing court may modify a bifurcated sentence under s. 973.01 (7m) and that specify the factors that a court may consider when deciding whether to modify a bifurcated sentence. The rules shall provide that a court may modify a bifurcated sentence under s. 973.01 (7m) on its own motion, on a motion of the department of corrections or on a motion of the person serving the sentence. The rules shall also provide that a court and the department of corrections may make a motion to modify a bifurcated sentence at any time and that a person serving a bifurcated sentence may make a motion to modify the bifurcated sentence that he or she is serving if at least 12 months have elapsed since the bifurcated sentence was imposed or since the most recent motion to modify the person's bifurcated sentence was made.

SB357, s. 380 Section 380. 765.30 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,164,24 765.30 (1) (intro.) The following shall may be fined not less than $200 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

SB357, s. 381 Section 381. 765.30 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,165,4 765.30 (2) (intro.) The following shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both:

SB357, s. 382 Section 382. 768.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,165,9 768.07 Penalty. Any person who violates any provision of this chapter may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 383 Section 383. 779.93 (title) of the statutes is amended to read:

SB357,165,12 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB357, s. 384 Section 384. 779.93 (1) of the statutes is amended to read:

SB357,165,18 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

SB357, s. 385 Section 385. 779.93 (2) (intro.) of the statutes is amended to read:

SB357,165,22 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in behalf of the state or in behalf of any person who holds a prepaid maintenance lien:

SB357, s. 386 Section 386. 783.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,166,8 783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be is directed to any public officer, body, board or person, commanding the performance of any duty specially enjoined by law, if it shall appear to the court that such and the officer or person or any member of such the body or board has, without just excuse, refused or neglected to perform the duty so enjoined the court may impose a fine, not exceeding $5,000, upon every such, the officer, person or member of such the body or board, or sentence the officer, person or member to imprisonment for not more than 7 years and 6 months is guilty of a Class H felony.

SB357, s. 387 Section 387. 801.50 (5) of the statutes is amended to read:

SB357,166,15 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence or a refusal of parole by certiorari shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision or parole or for which the relator is currently incarcerated.

SB357, s. 388 Section 388. 801.50 (5c) of the statutes is created to read:

SB357,166,21 801.50 (5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.

SB357, s. 389 Section 389. 814.04 (intro.) of the statutes is amended to read:

SB357,167,2 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed, costs shall be as follows:

SB357, s. 390 Section 390. 814.245 (2) (d) of the statutes is amended to read:

SB357,167,5 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.

SB357, s. 391 Section 391. 895.10 of the statutes is created to read:

SB357,167,7 895.10 Tobacco product agreement. (1) Definitions. In this section:

SB357,167,9 (a) "Adjusted for inflation" means increased in accordance with the formula for an inflation adjustment set forth in exhibit C of the master settlement agreement.

SB357,167,15 (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by or is under common ownership or control with, another person. Solely for the purposes of this definition, "owns", "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of 10% or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.

SB357,167,17 (c) "Allocable share" means allocable share as that term is defined in the master settlement agreement.

SB357,167,20 (d) 1. "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains any of the following: